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WHITNEY v. BOARD OF REV. OF INDUS. COM'N OF UTAH

No. 15682.

585 P.2d 780 (1978)

F. Mel WHITNEY, Plaintiff, v. The BOARD OF REVIEW OF the INDUSTRIAL COMMISSION OF UTAH, Defendant.

Supreme Court of Utah.

October 3, 1978.

Attorney(s) appearing for the Case

Lionel M. Farr, Salt Lake City, for plaintiff.

Robert B. Hansen, Atty. Gen., Floyd G. Astin, Asst. Atty. Gen., K. Allan Zabel, Sp. Asst. Atty. Gen., Salt Lake City, for defendant.

ELLETT, Chief Justice:

We here review proceedings before the Department of Employment Security which resulted in appellant's disqualification to receive unemployment compensation and an overpayment assessment against him. The specific sanction employed by Respondent Board of Review is provided by Section 35-4-5 of the Employment Security Act. Appellant claims no failure of the Department to follow statutory procedure in invoking the sanction.

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